WVC 22 - 23 A- 2
§22-23A-2. Requiring department of environmental protection to
refrain from implementing or adopting rules or
making certain commitments absent legislative
approval; reporting required.
(a) The division of environmental protection may not enter
into any legally enforceable commitments related to the
implementation of any recommendation which results from the
mountaintop mining/valley fill environmental impact statement with
any agency of the federal government unless the terms of the
commitment are reported to the Legislature.

(b) The division of environmental protection may not adopt or
modify any rule, in whole or in part, to implement a recommendation
resulting from the mountaintop mining/valley fill environmental
impact statement except by legislative rule promulgated pursuant to
article three, chapter twenty-nine-a of this code.

(c) Within ninety days of receipt of any final recommendation
from any agency of the federal government related to the
mountaintop mining/valley fill environmental impact statement, the
director of the West Virginia division of environmental protection
shall forward such recommendation, embodied in a report, along with
all scientific facts or technical evidence relating to and
substantiating such recommendation, to the governor, president of
the Senate and the speaker of the House of Delegates.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.